Engaging Non-state Armed Groups on the Protection of Children Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
. IHL and Human Rights Law
1. Is international human rights law applicable in armed conflicts? How do you understand the principle of lex specialis? [See Case , ICJ/Israel, Separation Wall/ Security Fence in the Occupied Palestinian Territory (Part A, paras 101-106 and 127-130)] How do you determine whether IHL or international human rights law takes prevalence in situations of armed conflicts?
II. Enhancing compliance by non-state armed groups
2. What is the status of armed groups under international law? What obligations do they have? Under IHL? Under international human rights law? What is the reasoning behind differentiating them from states? What does IHL say about the legal status of armed groups? (GC I-IV, Art.3; P II, Art.3)
3. Can armed groups be subjects of international law? May they conclude treaties (peace treaties, IHL treaties etc)? Does IHL explicitly contain rules directly applicable to armed groups? Which obligations are binding on armed groups in non-international armed conflicts? What is the importance of customary IHL in terms of the law of non-international armed conflicts? Is it the same for armed groups and states? (GC I-IV, Art.3)
4. Why are armed groups bound by the IHL of non-international armed conflicts? How can an armed group express its intention to comply with the rules of IHL in international or non-international armed conflicts? Is an expression of their willingness to be bound necessary for them to be bound? If not, why would it nevertheless be useful to obtain their commitment to respect IHL? (GC I-IV, Art.3; P I, Art. 96 (3)) [See Case, UN, Secretary-Generals Reports on the Protection of Civilians in Armed Conflict)
5. Why do non-state armed groups have additional obligations when it comes to the recruitment of child soldiers? How could this difference in obligations be justified? With which principle of IHL could this difference of treatment conflict?
6. (Para. 1) What is the difference between direct participation in hostilities and to be use[d] in hostilities? [Document, ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities]
III. Children
7. How are children protected by IHL? What are the relevant provisions about the prohibition of the recruitment of children in armed conflicts? Is their protection different in international and non-international armed conflicts? (P I, Arts. 77-78; P II, Art.4(3); CIHL, Rules 135-137, Optional Protocol on the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict)
8. Are children allowed to voluntarily join military forces under IHL? To serve as fighters? To be spies? To cook in the military camp? Do your answers change for armed groups? Does IHL distinguish between children who willingly took up weapons and those who have been forced? (P I, Art. 77(2) and (3); P II, Art. 4(3)(c) and (d); ICC Statute, Arts 8(2)(b)(xxvi) and 8(2)(e)(vii))
9. What is the age threshold used for child soldiers? How has the Optional Protocol to the Convention on the Rights of the Child affected that threshold? How are children who directly participated in hostilities treated upon capture? (P I, Arts. 77-78; P II, Art.4(3); Optional Protocol on the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict)
10. Would a child participating in hostilities constitute a legitimate military target? May children be targeted when they directly participate in hostilities? How would you answer that question when considering the principle of military necessity? How do you understand the contradiction between affording children special protection and at the same time allowing the targeting of children taking direct part in hostilities? (P I, Art. 77; P II, Art.4(3))
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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